Allegheny County Commissioners' Case
Superior Court of Pennsylvania
Appeal, No. 44, April T., 1916, by Oliver McClintock, from order of Q. S. Allegheny Co., Nov. Sessions, 1914, No. 1, dismissing exceptions to finding of the Grand Jury In re Petition of the County Commissioners of Allegheny County for the construction of a public highway tunnel. Exceptions to finding of grand jury.
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Appeal, No. 44, April T., 1916, by Oliver McClintock, from order of Q. S. Allegheny Co., Nov. Sessions, 1914, No. 1, dismissing exceptions to finding of the Grand Jury In re Petition of the County Commissioners of Allegheny County for the construction of a public highway tunnel. Exceptions to finding of grand jury. The exceptions Avere as folloAvs: 1. Exceptants aver and offer to prove that the construction of a general traffic tunnel of such a length as the proposed tunnel is an experiment without precedent in this country or any other country; that the commissioners, through J. Denny…
1Opinion of the Court
Opinion by
Kephart, J.,
An appeal from an order of the court in relation to a public road is in the nature of a certiorari. Neither the testimony nor the rulings of the court on the admission of evidence, nor the findings of fact, however un*598warranted, are brought up with the record on the certiorari: Manheim Township Road, 12 Pa. Superior Ct. 279; In re Diamond Street, 196 Pa. 254. All the assignments of error relating to the admission of evidence or the conclusions of fact are overruled.
The action of a grand jury influenced by fraud or improper conduct may be set aside by the court. If the…
2Cases cited13 opinions
- Commonwealth v. MoirSupreme Court of Pennsylvania · 1901
- Seabolt v. Commissioners of Northumberland CountySupreme Court of Pennsylvania · 1898
- Opening of Ruan StreetSupreme Court of Pennsylvania · 1890
- Commonwealth v. GreenSupreme Court of Pennsylvania · 1868
- Diamond Street, PittsburgSupreme Court of Pennsylvania · 1900
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